Implementation of the Services Directive

Implementation of the Services Directive

The Services Directive had to be transposed into the national legislation of all EU countries by 28 December 2009. It required important changes in the laws of all EU countries and set up a number of ambitious projects such as the Points of Single Contact. The European Commission monitored the Directive’s implementation and works on further improvements to the Single Market for Services.

Enforcement instrument to the Services Directive: initiative to modernise the notification procedure for services

The Services Directive established that national rules restricting the right of establishment and the freedom to provide services falling under the Directive must be non-discriminatory, proportionate and justified by public interest objectives. To ensure that all new regulatory measures imposed by EU countries fulfil these conditions and to prevent new barriers, the Services Directive introduced a procedure whereby EU countries shall notify the Commission of new or changed regulatory measures affecting services. This should allow for an assessment of whether such measures are justified and proportionate.

Experience and assessment of the application of the current notification procedure under the Services Directive point to a number of difficulties with it. These issues mean that it is not possible to ensure an effective preventive enforcement of the Services Directive, i.e. ensuring that all new and changed national regulation is non-discriminatory, justified and proportionate, without the Commission having to initiate legal infringement proceedings against already adopted measures.

The Single Market Strategy of 28 October 2015 announced several actions to further develop the Single Market for services. Improving the delivery of the Services Directive by reforming the notification procedure is one of these actions.